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AN ACT
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relating to the appointment of an attorney ad litem for a parent in |
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certain suits affecting the parent-child relationship. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 107.013, Family Code, is amended by |
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adding Subsection (a-1) and amending Subsections (b) and (d) to |
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read as follows: |
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(a-1) In a suit described by Subsection (a), if a parent is |
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not represented by an attorney at the parent's first appearance in |
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court, the court shall inform the parent of: |
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(1) the right to be represented by an attorney; and |
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(2) if the parent is indigent and appears in |
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opposition to the suit, the right to an attorney ad litem appointed |
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by the court. |
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(b) If both parents of the child are entitled to the |
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appointment of an attorney ad litem under this section and the court |
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finds that the interests of the parents are not in conflict and that |
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there is no history or pattern of past or present family violence by |
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one parent directed against the other parent, a spouse, or a child |
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of the parties, the court may appoint an attorney ad litem to |
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represent the interests of both parents. |
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(d) The court shall require a [A] parent who claims |
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indigence under Subsection (a) to [must] file an affidavit of |
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indigence in accordance with Rule 145(b) of the Texas Rules of Civil |
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Procedure before the court may [can] conduct a hearing to determine |
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the parent's indigence under this section. The court may consider |
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additional evidence at that hearing, including evidence relating to |
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the parent's income, source of income, assets, property ownership, |
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benefits paid in accordance with a federal, state, or local public |
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assistance program, outstanding obligations, and necessary |
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expenses and the number and ages of the parent's dependents. If the |
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court determines the parent is indigent, the court shall appoint an |
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attorney ad litem to represent the parent. |
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SECTION 2. Part 1, Subchapter B, Chapter 107, Family Code, |
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is amended by adding Section 107.0141 to read as follows: |
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Sec. 107.0141. TEMPORARY APPOINTMENT OF ATTORNEY AD LITEM |
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FOR CERTAIN PARENTS. (a) The court may appoint an attorney ad |
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litem to represent the interests of a parent for a limited period |
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beginning at the time the court issues a temporary restraining |
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order or attachment of the parent's child under Chapter 262 and |
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ending on the court's determination of whether the parent is |
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indigent before commencement of the full adversary hearing. |
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(b) An attorney ad litem appointed for a parent under this |
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section: |
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(1) has the powers and duties of an attorney ad litem |
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appointed under Section 107.0131; and |
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(2) if applicable, shall: |
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(A) conduct an investigation regarding the |
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petitioner's due diligence in locating and serving citation on the |
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parent; and |
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(B) interview any party or other person who may |
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have information relating to the identity or location of the |
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parent. |
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(c) If the attorney ad litem identifies and locates the |
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parent, the attorney ad litem shall: |
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(1) inform the parent of the parent's right to be |
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represented by an attorney and of the parent's right to an attorney |
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ad litem appointed by the court, if the parent is indigent and |
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appears in opposition to the suit; |
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(2) if the parent claims indigence and requests an |
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attorney ad litem beyond the period of the temporary appointment |
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under this section, assist the parent in making a claim of indigence |
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for the appointment of an attorney ad litem; and |
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(3) assist the parent in preparing for the full |
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adversary hearing under Subchapter C, Chapter 262. |
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(d) If the court determines the parent is indigent, the |
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court may appoint the attorney ad litem to continue to represent the |
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parent under Section 107.013(a)(1). |
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(e) If the attorney ad litem is unable to identify or locate |
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the parent, the attorney ad litem shall submit to the court a |
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written summary of the attorney ad litem's efforts to identify or |
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locate the parent with a statement that the attorney ad litem was |
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unable to identify or locate the parent. On receipt of the summary |
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required by this subsection, the court shall discharge the attorney |
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ad litem from the appointment. |
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(f) If the attorney ad litem identifies or locates the |
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parent, and the court determines that the parent is not indigent, |
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the court shall discharge the attorney ad litem from the |
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appointment. |
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SECTION 3. Section 262.201(a-2), Family Code, is amended to |
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read as follows: |
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(a-2) If a parent claims indigence and requests the |
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appointment of an attorney before the full adversary hearing, the |
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court shall require the parent to complete and file with the court |
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an affidavit of indigence. The court may consider additional |
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[hear] evidence to determine whether the parent is indigent, |
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including evidence relating to the parent's income, source of |
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income, assets, property ownership, benefits paid in accordance |
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with a federal, state, or local public assistance program, |
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outstanding obligations, and necessary expenses and the number and |
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ages of the parent's dependents. If the appointment of an attorney |
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for the parent is requested, the court shall make a determination of |
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indigence before commencement of the full adversary hearing. If |
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the court determines the parent is indigent, the court shall |
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appoint an attorney to represent the parent. |
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SECTION 4. The changes in law made by this Act apply only to |
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a suit affecting the parent-child relationship filed on or after |
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the effective date of this Act. A suit affecting the parent-child |
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relationship filed before the effective date of this Act is |
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governed by the law in effect on the date the suit was filed, and the |
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former law is continued in effect for that purpose. |
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SECTION 5. This Act takes effect September 1, 2015. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 1931 passed the Senate on |
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April 30, 2015, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 1931 passed the House on |
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May 12, 2015, by the following vote: Yeas 144, Nays 0, two |
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present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |